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A man from Pennsylvania broke the law by pretending to point a gun at his neighbor, using his thumb and forefinger to create the shape of the weapon, ruled a court of appeal. Stephen Kirchner was found guilty of disorderly conduct last fall, but appealed the decision. This week, an appellate court upheld his conviction, finding that pointing a firearm was in fact a criminal offense.
The incident occurred in June 2018 and involved neighbors with a history of bad faith. When Kirchner and another neighbor, Elaine Natore, passed in front of Josh Klingseisen to mulch in her backyard, Kirchner made eye contact with Klingseisen ", then waved her hand imitating the firing and recoil of a firearm, "according to court documents.
The gesture was captured by Klingseisen's surveillance cameras, which he had installed due to ongoing clashes with Natore. At the time, Natore had received a noncontact order against Klingseisen.
Klingseisen told a Lancaster County court that he felt "extremely threatened" when Kirchner made the gesture of the gun. Another neighbor who witnessed the gesture testified that she had felt "insecure" after seeing and that she had called 911.
Kirchner admitted to making the pistol gesture, but said he did after Klingseisen "gave [him] the finger with both hands. "
Kirchner was found guilty in October 2018 and fined $ 100 and court costs.
Kirchner appealed the verdict, asserting that the evidence presented at trial did not prove that the act of making a hand gesture, in the form of a firearm, created a dangerous or physically offensive condition. Therefore, he argued, the evidence is insufficient to support the charge of disorderly conduct. He also argued that his hand gesture could never be mistaken for a real firearm, so it was no worse than any other hand gesture.
However, the Pennsylvania State Court of Appeal ruled this week that "given the history of the parties involved," this gesture constituted disorderly behavior because it created a "dangerous condition … involving danger or risk". , including "the risk of an altercation. "
"Despite Natore's non-contact order against Klingseisen and the division separating them, Kirchner, while accompanying Natore, approached Klingseisen in his own court, created a gesture of The gun-like hand, pointed at Klingseisen and backed up as if to suggest that he had shot her, "ruled the court of appeal. "This act was of no legitimate use and could unwittingly provoke a dangerous altercation."
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